1. A. Any person alleged to be mentally ill or alcohol- or drug-dependent to a degree which warrants institutional treatment or care, and who is not in confinement in a jail or adult lock-up facility on a criminal charge and who has no criminal charges pending against him or her, may be admitted to and confined in an institution within the Department of Mental Health and Substance Abuse Services, a state psychiatric hospital, or a licensed private institution by compliance with any one of the following procedures:

   1. 1. Emergency admission;
   2. 2. On voluntary application; and
   3. 3. On involuntary court certification.
2. B. Any person alleged to be mentally ill or alcohol- or drug-dependent to a degree which warrants institutional treatment or care and who has criminal charges pending against him or her but is not confined in a jail or adult lock-up facility may be admitted to an institution within the Department, a state psychiatric hospital or a licensed private institution pursuant to the provisions of subsection A of this section; provided, the institution or hospital shall be authorized to take such reasonable steps as necessary to assure the protection of the public, the residents of the institution or hospital and the person, including but not limited to segregation and private facilities. Provided further, treatment received pursuant to this subsection shall not constitute a defense in any criminal proceeding except as otherwise provided by Title 22 of the Oklahoma Statutes.

3. C. Any person confined pursuant to a criminal charge may be admitted to and confined pursuant to a court order issued in compliance with the provisions of Section 1175.6 [22-1175.6] of Title 22 of the Oklahoma Statutes.

   No person shall be deprived of his or her liberty on the grounds that such person is, or is supposed to be, mentally ill or in need of mental health treatment, except in accordance with the provisions of the Mental Health Law, Section 43A-1-101 et seq. of this title.

Added by Laws 1953, HB 846, p. 160, § 51, emerg. eff. June 3, 1953; Amended by Laws 1986, HB 2021, c. 103, § 62, eff. November 1, 1986; Renumbered from 43A O.S. § 51 by Laws 1986, c. 103, § 103, eff. November 1, 1986; Amended by Laws 1989, HB 1514, c. 348, § 22, eff. November 1, 1989; Amended by Laws 1990, SB 866, c. 51, § 93, emerg. eff. April 9, 1990; Amended by Laws 1994, HB 2025, c. 207, § 3, eff. September 1, 1994; Amended by Laws 1994, HB 2310, c. 180, § 2 (repealed by Laws 1995, HB 1012, c. 1, § 40, emerg. eff. March 2, 1995); Amended by Laws 1995, HB 1012, c. 1, § 14, emerg. eff. March 2, 1995.